DOT 270 Authorization Form for Preconstruction Meeting

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DOT-270
AUTHORIZATION FORM FOR PRECONSTRUCTION MEETING
This form is to be reviewed and completed by the prime contractor. The preconstruction meeting
will not be scheduled until this completed form is returned to South Dakota DOT’s Area Office.
DOT Area Office & Address: ___________________________________________________________
____________________________________________________________________________________
PROJECT NUMBER:__________________________________________________________________
PCN: _____________________________
COUNTY: ____________________________________
TYPE OF CONSTRUCTION: ____________________________________________________________
____________________________________________________________________________________
PRIME CONTRACTOR (NAME AND ADDRESS): ___________________________________________
___________________________________________________________________________________
NAME OF CONTRACTOR REPRESENTATIVE COMPLETING THIS FORM (Please Print):
____________________________________________________________________________________
The following provisions are to be reviewed. The underlined text, below, are links to the most
recent electronic documents. To certify that you have read and understand each of the
Provisions under each of the main topics; please sign and date below and also please initial
each main topic below.
Name Printed: ______________________________
Title: _________________________________
Signature: _________________________________
Date: _________________________________
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DOT-270
I.SUBCONTRACT APPROVAL AND REQUIRED CONTRACT
PROVISIONS
If you plan to sublet a portion of the contract work, a Request to Sublet Work,
Form DOT-202, must be signed by the prime contractor and sent to the address
listed in the lower left-hand corner of the form PRIOR to such sublet work being
performed. If a subcontractor plans to sublet a portion of their work, the Request
to Sublet Work form must be signed by the PRIME CONTRACTOR then
submitted to the DOT. The SDDOT’s Subletting of Contract Standard
Specification, Section 8.1 stipulates the requirements for obtaining written
consent to sublet work, limits the percent of work that may be sublet, defines
what the Department will not consider as subcontracting and defines the project
limits.
The form FHWA-1273 Required Contract Provisions, dated May 1, 2012 and the
SD-1273 South Dakota Special Provision for Required Contract Provisions,
dated July 18, 2012 must be physically incorporated (not referenced) in all
contracts, subcontracts and lower-tier subcontracts (excluding purchase orders,
rental agreements and other agreements for supplies or services related to a
construction contract). A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for withholding of
progress payments, withholding of final payment, termination of the contract,
suspension / debarment or any other action determined to be appropriate by the
contracting agency and FHWA, as stipulated in Section I.(3) of the FHWA-1273.
I have read and understand the requirements of Section I.
II. PROJECT BULLETIN BOARD POSTER REQUIREMENTS
A. The bulletin board poster requirements for the various types of South Dakota
Department of Transportation's (SDDOT's) highway construction or repair
projects are listed on the Bulletin Board Requirements web page.
B. The appropriate posters are to be posted by the prime contractor. The posters
MUST be displayed on a weatherproof bulletin board in a conspicuous and
accessible location to the employees who are working at the construction
project site. In addition, each subcontractor whose subcontract is $10,000 or
more is required to post the EEO #7 poster.
C. The following posters (indicated with an “X”) have been provided to you for
this project:
X U.S. DOL Davis-Bacon Wage Decision poster
X WH-1321 Davis-Bacon Employee Rights (English) (formerly FHWA-1495
"Important" poster)
X WH-1321 Davis-Bacon Employee Rights (Spanish)
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DOT-270
X FHWA-1022 "Notice" poster (English) ( (Whoever knowingly makes any
false statement or false representation as to a material fact in any
statement, certified, or report submitted pursuant to the provisions of the
Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355) as amended
and supplemented, is subject to applicable State and Federal laws,
including Title 18, United States Code, Section 1020)
X FHWA-1022 “Notice” poster (Spanish)
X EEO #1 "Equal Employment Opportunity is THE LAW"
X EEO #7 (EEO Policy Statement & Company EEO Officer)
X Job Safety & Health Protection (OSHA)
X WH-1462 Employee Polygraph Protection Act (English
X WH-1462 Employee Polygraph Protection Act (Spanish)
 *WH-1420 Your Rights Under the Family Medical Leave Act (English)
 *WH-1420 Your Rights Under the Family Medical Leave Act (Spanish)
* If a company employs more than 50 employees and 50 or more
employees of this company are working within 75 miles of the project site,
this poster is required to be posted. If your company meets this
requirement, please print and post the WH-1420 poster on the project
bulletin board.
I have read and understand the requirements of Section II.
III. LABOR COMPLIANCE AND DAVIS-BACON & RELATED ACTS
(DBRA) REQUIREMENTS
A. The Davis-Bacon & Related Acts (DBRA) minimum wage and payroll
requirements apply to Federal-aid construction contracts of $2,000 or more, and
to SDDOT’s State-funded highway construction contracts of $100,000 or more.
B. Minimum wage requirements and payroll reporting requirements are specifically
set forth in: 1) the U.S. DOL Wage Decision, 2) the FHWA-1273 Required
Contract Provisions, and 3) the SDDOT Special Provisions, of which all three are
contained in the proposal/contract documents and all three shall be physically
included in each subcontract.
C. Additional Labor Compliance information for contractors is available at:
http://sddot.com/business/contractors/labor/Default.aspx. This web site has links
to the most current U.S. DOL Wage Decision, SDDOT payroll forms and
instructions, defined work classifications, important subcontract requirements,
and bulletin board requirements. It is the responsibility of the Contractor to visit
this site, and to ensure that each subcontractor visits this site. Ignorance or lack
of knowledge as to the information available at this web site or in the Required
Contract Provisions will not be an acceptable defense for not complying with the
required regulations or specifications.
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DOT-270
D. Each prime contractor and each subcontractor that performs any project work
during a work week must submit a Weekly Certified Payroll Report accompanied
with a SDDOT Contractor’s Statement of Compliance form, directly to the
SDDOT. The mailing address is: SDDOT Office of Labor Compliance, 700 E.
Broadway Avenue, Pierre SD 57501-2586.
E. Failure of a contractor or a subcontractor to submit the required weekly payroll
reports to SDDOT within seven days following the weekly payment of wages, as
stipulated in 29 CFR 3.4 and 29 CFR 5.9, will result in suspension of contract pay
estimates. The Contractor may receive only one written notice prior to
suspension.
F. The Labor/EEO Compliance handouts will be distributed twice each season to all
persons employed on all Federal-Aid Projects. The Office of Labor Compliance
will provide these handouts and will coordinate distribution time with DOT Project
Personnel.
G. The U.S. Department of Labor’s Office of Federal Contract Compliance
Programs (OFCCP) regulations prohibit retaliatory actions. Employers may not
intimidate, threaten, coerce, or discriminate against any employee for
participating in any manner during a wage and hour review or in exercising
his/her right to file a wage complaint. If this office discovers retaliation actions of
this nature against any of your employees, the SDDOT is required to notify the
OFCCP.
I have read and understand the requirements of Section III.
IV.
EEO (Equal Employment Opportunity) Requirements
EEO requirements and information is found at:
http://www.sddot.com/services/civil/eeo.aspx
Equal Employment requirements for this project are found in two special provisions
which are included in all contracts and must be included in all subcontracts. Those
provisions are found at: http://www.sddot.com/services/civil/forms/default.aspx.
EEO provisions apply to all federal-aid contracts and subcontracts over $10,000.
Contractors (and subcontractors) agree to be an EEO employer by signing the
federal-aid contract (or subcontract). By their signature, these employers have
agreed that all personnel matters for projects will be handled without regard to race,
creed, color, sex, disability, age, religion or national origin. The general requirements
include but are not limited to:
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DOT-270
A. Adopt an EEO policy
B. Company policy must be posted on the job site bulletin boards (EEO #7
Poster)
C. Disseminate the policy to the workers through various means including
company meetings, written notices, employee handbook, etc.
D. Post EEO is the Law Posters and EEO #7 (Policy Statement & Notification
of EEO Officer) on the job site
E. Identify an EEO Officer and establish in writing the job duties
F. Agree to adhere to Minority & Female Employment Goals
G. Establish an EEO Affirmative Action Plan
H. Actively recruit beyond the traditional sources to attract minority/female
applicants such as TERO/TECRO Offices and other minority referral
sources
I. Review all personnel actions to ensure actions taken are in compliance
with company EEO policy
J. Develop a basic complaint procedure
K. Retain records of employment and personnel actions for a three year
period from the date of project closing
L. Complete the EEO #1391 form for including all federal-aid projects on one
form.
M. Other areas as specified in the special provisions.
EEO Compliance reviews, if scheduled for this, or any other federal project will focus
on the Contractor’s compliance with ALL of the EEO requirements and
documentation of such compliance, thus the Contractor must have all EEO
documentation in his file.
The Contractor is to submit the EEO #7 at the preconstruction meeting. An EEO #7
is required for all subcontractors over $10,000 (one copy for Area Office file, one
copy is to be on the bulletin board).
Ensure EEO posters are on project bulletin board:
1) EEO #1 – Equal Opportunity is the Law (English & Spanish)
2) EEO #7 - Company EEO policy/officer – If not previously submitted.
3) OSHA 3165 – OSHA Safety Poster (English)
4) OSHA 3167 – OSHA Safety Poster (Spanish)
Copies of the above notices MUST be displayed on a weatherproof bulletin board in a
conspicuous and accessible location(s). If subcontractors utilize the prime’s board
they need not post their own EEO is the Law (EEO #1 Poster) but they must have an
EEO # 7. Faded and weathered posters should promptly be replaced.
Minority and Female Employment Goals
1) Female employment goals are as specified in the contract. To the
extent possible this goal is to be achieved for each major job
classification.
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DOT-270
2) Minority employment goals are as specified in the contract by county
wherein the project is located. Again, this goal applies to each major
job classification.
Documentation of the meeting to inform employees of the Contractor’s EEO policy.
1) Notify the Project Engineer of the time, date and location of the
meeting.
2) At least one meeting should be held on the Contractor’s EEO Policy
every six months on the project.
EEO #1391 – Every Contractor and subcontractor with a federal-aid (sub) contract of
$10,000 or more shall submit this form only for a designated period in July ( last full
pay period in the month of July). Forms, instructions, etc., will be sent directly to the
prime Contractor and all subcontractors from the Civil Rights Office and the forms will
be returned to that office. This is a condition of the contract and failure to submit may
result in withholding of progress payments until compliance is achieved.
I have read and understand the requirements of Section IV.
V.
On-the-Job Training Requirements (if OJT Special Provision
included in proposal)
The Contractor's obligations in terms of providing training is as set out in training
materials that were mailed to the Contractor’s home office earlier and as specified in
the Training Special Provision.
The Civil Rights office will mail a packet of OJT information to the applicable prime
contractor that includes instructions and forms.
Targeted groups for training program are minorities and females. It may also be
possible to upgrade current employees. Contact the Civil Rights Program for further
information.
At the preconstruction meeting, the Contractor (or sub if applicable) should provide a
list of training program(s)/trainee name(s) to be utilized on this project. If unable to
supply the information at the time of the preconstruction meeting, it must be
submitted to the Area Office prior to the start of work.
The appropriate original trainee registration form must be filed with the Civil Rights
Office within two weeks after training begins. It must be a signed original trainee
registration. Duplicates, facsimiles or emailed copies are not acceptable. The
original of the approved registration will be sent to Area Office and copy to the
Contractor. Late trainee registrations may result in sanctions.
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DOT-270
Trainees must be clearly identified on payroll by classification as "Form Builder
Trainee", or "Scraper Trainee", etc.
Monthly Trainee Status Report -(separate report for each trainee) only at 1)
termination; 2) suspension or layoff; 3) graduation, 4) monthly-last full week. One
copy of the monthly status report should be sent directly to Civil Rights Office within
30 days of the final pay period for the month. Monthly status reports may be faxed,
emailed or sent via US Mail. Late monthly status reports may result in project
sanctions.
All SDDOT Training Program materials and instructions are found on the Internet site
at: http://www.sddot.com/services/civil/ojt.aspx. The SDDOT/AGC OJT Manual is
also available on the Internet site.
Mailing information for the OJT Registrations forms and Monthly status reports is
found on the forms.
Contact the Civil Rights Office (605) 773-3540 if there are questions regarding the
OJT program.
I have read and understand the requirements of Section V.
VI.
DISADVANTAGE BUSINESS ENTERPRISE (DBE)
REQUIREMENTS
A. The DBE listed on the commitment form 289R/C or 289R/N must perform a
commercially useful function by performing, managing and supervising the work
involved.
B. Substitutions of DBEs listed on form 289R/C (with a DBE goal) must first be
approved by the DBE Compliance Officer. For specific requirements, refer to the
DBE Special Provision.
C. Twice a year while project is ongoing and within 30 days of the date of the
Acceptance of Field Work on the contract, the contractor is required to submit a
DOT 289 (Certification of DBE Performance and Payments) to the DOT Area
Office.
I have read and understand the requirements of Section VI.
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